Exam 10: Misrepresentation, Nuisance, and Other Torts

Manufacturers can be strictly liable for misrepresentations made in the course of advertising.

To recover for misrepresentation, the plaintiff must prove that his or her losses were a reasonably foreseeable result of the misrepresentation.

Those who incorporate misstatements into commercial documents are liable to those who suffer as a result of justifiable reliance on those misstatements.

The tort of misrepresentation is interwoven with other types of tortious behavior.

What is the difference between a private and a public nuisance?

Assumption of risk and contributory negligence can be raised as defenses to a nuisance.

The , which consists of four distinct torts, evolved from a law review article written by Samuel Warren and Lewis Brandeis.

Tenants cannot sue on the basis of a private nuisance.

Defendants can never be found liable for making predictions because predictions are considered opinions.

One who misrepresents something is liable to anyone who can be reasonably expected to learn about the misrepresentation, while one who misrepresents something is liable to those whom he or she intends to reach with the misrepresentation.

Defendants in a nuisance claim are liable only for the contamination they cause, while under CERCLA, they may be 100 percent liable.

Exposure to unpleasant sounds and odors may constitute substantial interference to justify suit for a private nuisance.

For purposes of a public nuisance, it is not sufficient that only the plaintiff was injured.

Plaintiffs can recover higher damages and more easily obtain injunctions under CERCLA than via a nuisance claim.

Although a defendant may not interfere with an existing contract for purposes of gaining business for him- or herself, the defendant may do so if only a potential contract exists.

What is the difference between a nuisance and a trespass?

For purposes of intentional misrepresentation, a defendant is liable only to those whom he or she intended to influence by the misrepresentation.

The courts are uniform in their refusal to allow an at-will employee to sue for interference with contractual relations.

Fraud and misrepresentation are two distinct torts.

What balancing test do some courts use in determining whether a defendant's conduct constitutes unreasonable interference with a plaintiff's interest?